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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Akademika : Jurnal Pemikiran Islam Jurnal Penelitian Pendidikan Indonesia
Pagar, Pagar
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Implementation of Counseling through Islamic Religious Courts in Resolving Polygamy Household Disputes Pagar, Pagar; Khair, Nispul; Siregar, Fikri Bayu
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3450

Abstract

The purpose of this study was to determine the implementation of counselees through Islamic religious courts in resolving polygamous household disputes (a case study at the Rantauprapat Islamic religious court, Labuhanbatu Regency in 2018-2021), especially about how it is planned, what are the steps, what are the inhibiting and supporting factors, and why the need for counselees at the Rantauprapat religious court. This study uses a qualitative method. This research takes place at the center of the Rantauprapat religious court. Data collection techniques using documentation, interviews and observations. The data analysis technique uses data collection, data reduction, data presentation and conclusions. The research informants here are the head of the religious court, judges, mediators, KUA and community leaders in Labuhanbatu. This research starts from the initial study from March to August 2021. The results showed that; 1) counselee planning at the religious court of Labuhan Batu Regency in reducing the number of polygamy disputes is carried out in two plans, namely based on service culture and based on transformative culture. 2) The counselee's steps at the Labuhan Batu Regency Religious Court in reducing the number of polygamy disputes are carried out in two steps, namely the Educational Step and the Consultative Step. 3) Inhibiting and supporting factors. The supporting factors are because of the facilities and infrastructure, the tools or instrumentals used, the understanding material about the importance of the sakinah family and the evaluation of technical implementation. Meanwhile, the inhibiting factors are the lack of awareness of some people to participate in the sakinah family program, less than optimal empowerment, less than optimal support from P3K, not yet optimal provision of constructive sakinah family development activities through the sakinah family festival.
Islamic Family Law Reform in Indonesia Through Supreme Court Circulars: A Maqasid Sharia Perspective Arrasyid, Fauzan; Pagar, Pagar; Tanjung, Dhiauddin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 2 (2023): Vol. 6, No. 2, April 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i2.29236

Abstract

From 2012 to 2022, the Supreme Court of the Republic of Indonesia has issued ten new regulations through Supreme Court Circulars (SEMA) resulting from Plenary Chamber Meetings, which have produced 458 new legal rules. Among these new legal rules, 109 govern Islamic civil law, indicating that SEMAs represent another variation in the efforts to reform Islamic family law in Indonesia. This research aims to examine the existence and efforts of Islamic family law reform in Indonesia from the perspective of maqasid sharia according to contemporary scholars. This research uses a mixed-method approach, employing both statutory and conceptual approaches. Primary data sources consist of SEMAs from 2012 to 2022, and secondary data consist of legal regulations related to issues of Islamic family law, which are analyzed. The theory used for data analysis is the theory of maqasid sharia. The results of this research show that the reform of Islamic family law regulations in Indonesia through SEMAs from 2012 to 2022 is integrative with maqasid sharia. The regulations issued in SEMAs have fulfilled six aspects of maqasid sharia, namely: (a) aspects of faith, creed, and monotheism; (b) aspects of human nature and moral improvement; (c) aspects of common sense and legal contextualization; (d) aspects of human rights, freedom, equality, justice, and women's rights; (e) aspects of good order and civilization; (f) aspects of public interest (maslahah)
Family Resilience of Jama'ah Tabligh: Implementation Study of the Dimensions of Legality, Household Wholeness and Gender Partnerships Siddik, Ibnu Radwan; Pagar, Pagar; Tanjung, Dhiauddin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 5, No 2 (2022): Vol. 5, No. 2, April 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v5i2.20544

Abstract

In recent times, family resilience discourse has become a serious concern of the government, members of parliament and observers of Islamic family law in Indonesia. The higher the rate of divorce that occurs in the community, is a form of weak and fragile family defense joints. This paper will examine the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership. Then, this paper will also elaborate on the influence of Jama'ah Tabligh activities in the formation of family resilience among Jama'ah. This research is empirical juridical research using the approach of legal sociology and legal anthropology. Research data is analyzed using qualitative methods. Primary data sources are obtained from in-depth interview results from selected respondents using the snowball method. The results showed that the implementation of the family resilience of the Jama'ah Tabligh in Serdang Bedagai Regency in the dimensions of legality, household integrity and gender partnership was well implemented and indicated strong and resilient family resilience. This is evidenced by the high percentage of family fulfillment of respondents in the ownership of marriage certificates, child birth certificates, togetherness in the family, spousal partnerships, financial management openness and family decision-making. Jama'ah Tabligh activities greatly affect the formation of family resilience along with the stronger family members in practicing religious values both personally and together. The results of this study can be a consideration for national policy holders in realizing family resilience nationally.
Telaah kritis upaya peninjauan kembali dalam perkara perceraian di peradilan agama perspektif mashlahat al-mursalah Misran, Misran; Tanjung, Dhiauddin; Pagar, Pagar
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 10, No 2 (2024): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020242610

Abstract

This paper aims to analyze the impact and legal consequences of extraordinary legal efforts for judicial review in the religious courts of divorce cases from the perspective of mashlahat al-mursalah. The method used is normative legal research using multiple approaches including legislation, cases, and a comparative approach with data analysis techniques using descriptive analysis methods. The conclusion of this study shows that legal remedies for judicial review of divorce cases that have permanent legal force (inkracht van gewijsde) create new problems (mafsadat) in society, so for the sake of legal certainty, it is better if legal remedies taken against divorce cases are sufficient to the level of appeal. or just appeal. The Compilation of Islamic Law (KHI) has a strategic position to regulate the provisions of the procedural law, considering that the position of KHI so far has not only played a role in regulating material law, it also regulates formal law against Muslim divorces in Indonesia.
IMPLEMENTATION OF INTELLECTUAL PROPERTY RIGHTS WAQF IN THE URBAN SOCIETY OF MEDAN BASED ON MAQASID SHARIAH Rahmadany, Rahmadany; Pagar, Pagar; Khoiri, Nispul; Uwem, Imoh Emmanuel
AKADEMIKA: Jurnal Pemikiran Islam Vol 29 No 1 (2024)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v29i1.7530

Abstract

This study aimed to see the implementation of intellectual property rights (IPR) waqf in urban society from the Perspective of Maqasid Shariah. This research applied a qualitative approach to depict social phenomena and processes in implementing Intellectual Property Rights Waqf in Medan urban communities. The qualitative approach allows researchers to gain deep insight into people's views, attitudes, and understanding of waqf and intellectual property rights. The data collection techniques used were interviews and documentation. The findings show that the implementation of IPR waqf in the urban society of Medan City, from the perspective of Maqasid Shariah, holds great potential for societal development and the promotion of knowledge and innovation. However, clear regulations and guidelines that address the specific challenges of IPR waqf must be established to facilitate its successful execution. Through collaboration and a comprehensive approach, the integration of IPR assets into the waqf framework can bring significant social and economic benefits to the urban society of Medan City. Despite the challenges faced, the implementation of IPR waqf in Medan City holds immense potential for the development and growth of the urban society.
Co-Authors Arrasyid, Fauzan Khair, Nispul Misran Misran Nispul Khoiri Rahmadany, Rahmadany Siddik, Ibnu Radwan Siregar, Fikri Bayu Tanjung, Dhiauddin Uwem, Imoh Emmanuel